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Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2
I did not know they can suspect a citizen of Japan in marriage of convenience. What would they need it for? Japan is not a country from which citizens have a good reason to flee (like Ukraine, Kazachstan, poor Asian and African countries).tom_tom_tom wrote:Excellent! Thank you for the reply..
I was getting concerned as I read the forum about refusals!!
Ok, when you say "exercising treaty rights" do you mean working and living here?nonspecifics wrote:Remember that, as you are already living in the UK, you will be required to prove that you have been exercising treaty rights in the UK during that time.
Will like to ask a question, has anyone here heard of someone been deported base on suspecious by HO on marriage of convinience?, without HO producing fact evidence that it is a marriage of convinience. I think the court deal with fact not suspecious cus everyone goes to court because of suspecioius to prove fact. I am just wondering if anyone has seen or hear a case of deportation under eea route on that, bcus i notice HO are just saying this to many people on family permit that are not here in the country. But those that are here can they deport base on suspecious alone which actually the parties are living together and in good relationship here in uk. I think there most be fact as i read under eea route that it was actually sham not just because of bad immigration history or suspecious.nonspecifics wrote:It seems to be Pakistanis, Indians and Nigerians marrying eastern europeans that UKBA seem to suspect the most of being involved in sham marriages.
I know of that, we all know of that, my question is, has HO deport base on Suspisious?Jambo wrote:The HO does press release when arrests are being made or a jail sentence given. See here and here. In the two cases, the parties have been jailed and will probably face deportation on release from jail.
The HO will not deport based on a suspicion but will arrest, investigate and charge if the suspicion is confirmed.
On a slightly separate issue I have a question regarding money.tom_tom_tom wrote:Hello
I have a few questions about an EEA family permit. I am going to marry my fiancé in early January (she is Japanese and I am Irish) in Japan ( I currently live and work in the UK). Very soon after this (hopefully we can get it all sorted when I am in Japan next week) she plans to apply for an EEA family permit as my spouse. When we get married in January we are not having any wedding party/reception as we cannot afford this at the moment. We are going to wait until late 2012.
We have been in a relationship for 14 months. During this time she has spent about 6 months in the UK on various trips and I have been to Japan twice on short visits.
I am concerned out relationship is not long enough and may been seen as a marriage of convenience? Can anyone offer any help?
With the application we plan to include information like email logs, plane tickets where we recently travelled to Ireland to spend Christmas with my family, tickets from a weekend in Paris together, photos.. Would this help prove this is a genuine marriage and not one of convenience?
Any help would be appreciated.
ok thank you for the information... This is a very confusing system (when they ask for information that is not required). It is hard to find a balance between too much and too little information and the last thing we want is a refusal..Jambo wrote:Although the EEA FP application form asks about finances, it is not required by Eu law in your case. Better to leave it out from the application. Just write N/A for that section. You are only required to show that you work in the UK so employer letter, 2-3 recent payslips (you can throw in a P60 if you wish) is all that is needed. There is also no need to provide information about your accommodation or mortgage.
Make it simple as sometimes providing too much information would work against you (providing reason for a refusal).
Is this where she could travel to the UK as a normal visitor with her passport and then we can apply for a EEA2 in the UK?Obie wrote:A Japanese citizen is a visa free national, so do not require a visa. They could simply travel to the UK and apply for leave under code 1A.
An EEA family permit is a national law requirement and has nothing to do with community law.
Core family members of an EEA national are not Subjected to national Law requirement.
Ok, well if she did enter the UK it would be to get a residents card. So I guess this rules out this route.Lucapooka wrote:Yes, but be careful if you take Obie's advice. To enter as a visitor under UK rules one needs to prove an intention to visit to leave (rather than enter and reside). If they suspect that she will not be leaving (and, instead, applying for residence with her EEA partner) they are perfectly entitled to refuse her entry. many people have been refused on this basis. An EEA permit is free and quick and will confirm her entry in the right category.
Obie's advice was not to enter as a visitor but to seek admitence at the airport as a family member of EEA national without having a Family Permit. This is possible if she produces similar evidence that is required for aa FP . I would only recommend it if you are travelling together and if she feel comfortable in English to argue her case with the immigration officers.Lucapooka wrote:Yes, but be careful if you take Obie's advice. To enter as a visitor under UK rules one needs to prove an intention to visit to leave (rather than enter and reside). If they suspect that she will not be leaving (and, instead, applying for residence with her EEA partner) they are perfectly entitled to refuse her entry. many people have been refused on this basis. An EEA permit is free and quick and will confirm her entry in the right category.
Please don't misquote me. I never suggested that OP's wife should tell lies to immigration officer.Lucapooka wrote:Yes, but be careful if you take Obie's advice. To enter as a visitor under UK rules one needs to prove an intention to visit to leave (rather than enter and reside). If they suspect that she will not be leaving (and, instead, applying for residence with her EEA partner) they are perfectly entitled to refuse her entry. many people have been refused on this basis. An EEA permit is free and quick and will confirm her entry in the right category.
Even with an EEA family permit they have to be travelling together or the person joining the EEA national.Lucapooka wrote:I did not misquote you; you failed to make point out certain requirements that are necessary when adopting your approach; the main one being that they travel together. If she travels alone as without an EEA permit she can enter only under UK visit rules and if she suggests her intention is to settle rather than visit then that is when the fun starts.